What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.
What is the ruling on sacrificing a hornless sheep?
Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is valid to sacrifice a hornless sheep (al-Jamma’ or al-Jalha’). Similarly, a sheep with a broken horn is also acceptable; it does not affect the validity of the sacrifice even if the break causes bleeding, unless the injury is so severe that it leads to the spoilage of the meat. And Allah the Almighty knows best.
Is it permissible to slaughter sacrificial animals in public squares and streets?
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The slaughtering of sacrificial animals (udhiyah) should take place in locations designated for slaughter, such as abattoirs (slaughterhouses), or in sites allocated by the relevant authorities for this purpose.
It is not permissible to perform slaughtering in a random or haphazard manner—such as in public squares, on roadsides, or in front of houses—in a way that creates health hazards, causes public nuisance, or endangers public safety. And Allah Almighty knows best.
What is the ruling on performing Tarawih in sets of four rak‘ahs with only one Tasleem?
It is not permissible to combine more than two rak‘ahs with a single Tasleem in Tarawih prayer. Whoever does so, their prayer is invalid. Shaykh al-Islam Imam Muhammad al-Ramli (may Allah have mercy on him) stated: "If a person prays four rak‘ahs of the Tarawih prayer with a single Tasleem, it is not valid if they did so intentionally and with knowledge [of the prohibition]. Otherwise, it becomes an 'absolute voluntary prayer' (nafl mutlaq); because it is contrary to what has been prescribed." [Nihayat al-Muhtaj, Vol.2/P.127].
